025-NLR-NLR-V-78-DHARMASENA-DE-SILVA-Accused-Petitioner-and-THE-DIRECTOR-OF-PUBLIC-PROSECUTIO.pdf
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Dharmasena de Silva v. The Director of Public Prosecutions
Present: Tittawella, J., and Walpita, J.DHARMASENA DE SILVA, Accused-Petitioner and THEDIRECTOR OF PUBLIC PROSECUTIONS, Respondent
S. C. Application 546/1974
Bail—Order by Coroner at inquest remanding accused—No reasontgiven—Administration of Justice Law, Section 75 (2).
Section 75 (2) of the Administration of Justice Law states—
When a suspect is sent before a Magistrate he may if he issatisfied that there are grounds for believing that the information
i'l l' 1'AWELLA, J.—-Dharmasena de Silva v. The Director of Public Prosecutions 191
against the suspect is well founded then for reasons recorded byhim detain the suspect in custody pending further investigation fora period of fifteen days.”
Where no grounds were stated by the Coroner at the inquestfor remanding the suspect who was alleged to have knocked downand killed a child, except to say that the Police had made anapplication.
Held: That the order was bad because section 75 (2) of theAdministration of Justice Law makes it imperative that the reasonsfor the remand should always be made a matter of record.
Application for bail.
Day a Per era with Lalith Jayawickreme for the Accused—Petitioner.
Ian Wikramanayake, Director of Public Prosecutions, withJayaweera Bandara, State Counsel, for the State.
Argued and decided on : 31st May 1974.
Reasons delivered on : 23rd September 1974.
Tittawella, J.
The petitioner in this application is alleged to have, whilstdriving a motor vehicle on 23.5.74, knocked down and killed achild. On the same day the petitioner was produced before theCity Coroner who proceeded to hold an inquest. The only evi-dence led on this occasion related to the identity of deceased.Thereafter on an application made by the police the petitionerwas remanded till 28.5.74, to which day the inquest was post-poned.
The Director of Public Prosecutions who appeared on noticestated that the City Coroner is an inquirer under section 68 (1)of the Administration of Justice Law No. 44 of 1973, and that heis also a Justice of the Peace and an Unofficial Magistrate undersection 37 (2) of the said Law.
Under section 75 (2) of the Law when a suspect is sent beforea Magistrate he may : —
if he is satisfied that there are grounds for believing thatthe information 'against the suspect is well founded thenfor reasons recorded by him detain the suspect in custodypending further investigations for a period of fifteen days.
192 TTTTAWELLA, JDharmaserta de Silva v. The Director of Public Prosecutions
We have perused the record of the Coroner’s proceedings. Nogrounds have been stated by the Coroner for remanding thesuspect except to say that the police have made such an applica-tion. Applications for. the remand of suspects should not belightly made. In any event when such an application is madesection 75 (2) of the Law makes it imperative that the reasonsfor the remand should always be made a matter of record. TheDirector of Public Prosecutions does not support the order. Inthese circumstances there is no other course available except torelease the petitioner on bail. This we have already done.
Walpita J. I agree.
Application allowed-